These Sears Vacations (“SV”) Subscription-Membership (“Subscription”) Terms and Conditions of International Cruise & Excursion Gallery, Inc., also doing business as Our Vacation Center (“OVC”), set forth a legally binding contract between SV and each person who applies and is accepted as a subscribing member by SV.
SV products and services may be purchased with any valid credit card. Member may purchase products or services with a debit card that displays a Visa or MasterCard. Charges usually occur on the same business day, but may take up to three (3) business days to be processed. If there are any complications with Member’s credit card or debit card transaction, SV will make reasonable efforts to contact Member, but SV reserves the right (without refund or credit) to cancel the confirmed booking if payment is denied by Members’ financial institution. Member will be responsible for any travel provider penalties assessed due to a payment being rejected by Member’s financial institution. Additionally, SV will assess a $25 service fee for all returned checks and two or more instances of declined credit cards.
Travel, travel provider, and product and service information provided to Member is based on information received from third party providers. While IP makes reasonable efforts to ensure that this information is accurate and complete
Subscribers may opt-out or cancel their Subscription by calling Sears Vacations at 1-855-791-4981 then SV written notice of cancellation to Sears Vacations (attn: Cancellation Coordinator), 15501 N Dial Blvd., Scottsdale, AZ 85260, or by fax to 602-308-1934.
Best Price Guarantee is only applicable on cruises, resorts, tours and hotels. Airfare is not applicable. Best Price Guarantee is valid up to 48 hours after bookings. Verifiable proof is required of public availability of a lower rate at time of booking and must be for identical cruise, tour or resort; cabin, type of room booked, and not be in any violation of vendor pricing policies. Valid on any price advertised and offered to the general public. Not valid on prices requiring a callback or on public pricing offered in e-mails that are not advertised on public accessible websites or otherwise available to the general public. Group, charter, incentive, meeting, convention or interline rates are excluded. If you qualify for a military rate, you must request such at time of booking. If you find a lower rate than the one originally booked within 48 hours, we will match that rate. Purchaser will be responsible for any cancellation fees. For car rental reservations, the price difference will be awarded in the form of vacation cash redeemable with Sears Vacations for future vacations in lieu of a price match.
For cruise, resort, escorted tour, and hotel bookings, there are no booking fees added to the cost of the reservation. A booking fee may be charged to air reservations. Please note that government, taxes, airline, and/or airport taxes and fees may still apply. Fees are subject to change at any time.
SV purchases, benefits and transactions are administered and fulfilled by International Cruise & Excursion Gallery, Inc. d.b.a. Our Vacation Center ("OVC") and d.b.a. Sears Vacations (“SV”) (Collectively “ICE”). ICE is located at 15501 N. Dial Blvd., Scottsdale, AZ 85260. ICE is a registered seller of travel in the following states: Florida #ST-29452, Washington UBI#602 443 155 001 0001, Hawaii #TAR-5192 (Hawaiian travel agency trust account named Client Trust Account #1 is held at First Hawaiian Bank); and California #CST 2066521-50. ICE is not a participant in the California Travel Restitution Fund. California requires certain sellers of travel to have a trust account or bond. ICE maintains a Consumer Protection Bond issued by International Fidelity Insurance Company in the amount of $100,000.00.
Subscribers hereby permit their telephone conversations with SV representatives to be tape-recorded and/or monitored for training and quality control purposes.
SV, ICE, and OVC are trademarks of their respective owners, which may not be used without their prior written permission from the respective owner. The Sears trademark is registered and used under license from Sears Brands, LLC. Citibank is not responsible for products and services offered by other companies. Sears cards are issued by Citibank, N.A.
These Terms and Conditions and the SV Subscription shall be governed exclusively by the laws of the State of Arizona. Any action at law or in equity by a Subscriber or Subscriber’s guest, whether vacationing with the Subscriber or traveling by way of a Guest Certificate, to seek any remedy against SV or its associated entities must be submitted exclusively to the jurisdiction of the courts of Maricopa County, Arizona (USA).
SV does not assume any liability or responsibility, without limitation for, damage, expense, inconvenience, loss, injury, death or damage to persons or property on any cruise line ship or HOTEL/RESORT on any aircraft/ship in transit to and from cruise ship, HOTEL/RESORT or for any cause whatsoever due to delays, cancellations due to nature, OIL SPILLS, mechanical breakdown, strikes, civil unrest, TERRORISM (OR THREAT OF TERRORISM), or acts of God.
SV SHALL NOT BE LIABLE FOR AND DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY LOSS, DAMAGE, DELAY, DEATH OR INJURY TO PERSON OR PROPERTY ARISING FROM OR AS A RESULT OF THE ACTS OR OMISSIONS AND/OR REPRESENTATIONS (WHETHER ORAL OR WRITTEN) OF THE TRAVEL PROVIDERS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. SV’S LIABILITY FOR ANY CLAIM ARISING FROM OR AS A RESULT OF THE ACTS OR OMISSIONS AND/OR REPRESENTATIONS (WHETHER ORAL OR WRITTEN) OF SV WILL BE LIMITED TO THE FEES PAID BY MEMBER TO SV FOR THE TRAVEL PURCHASE. IN NO EVENT WILL SV BE LIABLE FOR SPECIAL, CONSEQUENTIAL, LIQUIDATED, INCIDENTAL, INDIRECT, EXEMPLARY, MORAL, OR PUNITIVE DAMAGES EVEN IF NOTIFIED OF THE POSSIBILITY OF SAME. THIS LIMITATION SHALL ALSO APPLY TO SV AFFILIATED COMPANIES, SUCCESSORS, ASSIGNS AND AGENTS.
Any and all disputes, claims or controversies whatsoever, whether based on contract, tort, statutory, constitutional or legal rights, arising from or relating to the sale, booking, processing or payment of any cruise and travel benefits or vacation club membership services, programs or products, including but not limited to alleged violations of civil rights, discrimination, consumer protection or privacy laws, or for any losses, damages or expenses, by and between or among You and Us and its heirs officers, directors, employees, agents, business partners, suppliers or vendors shall be referred to and resolved exclusively by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association ("AAA") to be conducted in Maricopa County, Arizona, U.S.A., to the exclusion of any other forum. You hereby consent to jurisdiction and waives any venue or other objection to the arbitration proceeding taking place in Maricopa County, Arizona. The arbitration proceeding shall be administered by the AAA under its Commercial Arbitration Rules and the fee schedule in effect at the time the proceeding is commenced.
The arbitration proceeding shall be governed by the Federal Arbitration Act, 9 U.S.C. §1 et. seq. ("FAA") and a final judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. Either party may elect to participate in the arbitration telephonically. The parties shall be permitted to conduct discovery in accordance with the Federal Rules of Civil Procedure.
Except to the extent the parties' procedural or substantive rights are governed by the FAA and the federal common law relating to arbitration, this Dispute Resolution Policy shall be governed by the laws of the State of Arizona without regard to its choice of law and conflict of law rules.
The parties agree that any arbitration proceeding will be filed and conducted on an individual, and not a collective or class-wide basis, and shall not be joined or consolidated with another claim or proceeding between one of the parties and any other entity or person. The arbitrator selected under this Dispute Resolution Policy shall have no authority to arbitrate claims on a class-wide, collective, group or consolidated basis.
The parties further expressly agree that (i) the arbitrator's decision will be final and binding; (ii) the arbitrator shall only reach his or her decision by applying strict rules of law to the facts; (iii) the arbitration shall be conducted in the English language; (iv) the party in whose favor the arbitration award is rendered shall be entitled to recover its costs and expenses of the arbitration including, but not limited to, its reasonable attorneys' fees, the costs and expenses of the administration of the arbitration proceedings including the AAA filing fees, and any costs and attorneys' fees incurred in executing on or enforcing the arbitration award; and (v) the arbitral award shall be issued in Maricopa County, Arizona.
Except as otherwise provided herein, no party shall be entitled to commence or maintain any action in a court of law upon any matter in dispute until such matter shall have been submitted and determined as provided herein and then only for the enforcement of the arbitration award. Notwithstanding this Dispute Resolution Policy, IP may as necessary apply to a court of competent jurisdiction in Maricopa County, Arizona to seek injunctive relief relating to the unauthorized use of Our trademarks, trade name, or other intellectual property (the "Marks"), or to otherwise protect its goodwill and reputation associated with the Marks. The institution of any such action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any other claim to arbitration.
Judgment upon the arbitral award or decision may be entered by the Maricopa County Superior Court or the United States District Court for the District of Arizona, or application may be made to such court for the judicial confirmation of the award and order of enforcement, as the case may be, if the Arbitrator's award or decision is not complied with within seven (7) days of the issuance of the award or decision.